Item - 2023.DG4.3

The Dangerous Dog Review Tribunal:

1. Confirmed the determination of a dangerous dog and directed that the conditions of the Order remain in effect, and that the Tribunal forward the reasons for this decision to Jacob Kang and the Executive Director, Municipal Licensing and Standards on or before April 19, 2023.

On April 4, 2023, the Dangerous Dog Review Tribunal issued reasons for its decision as follows:

The Dangerous Dog Review Tribunal was presented with a Dangerous Dog Order appeal. The Tribunal considered oral and written arguments from the representative of the Executive Director, Municipal Licensing and Standards, and an interested party, Lauren Campbell, mother of McKenzie, the 3 year old victim. The investigating Animal Care and Control Officer did not appear as she no longer works for the City. Her report was read into the record by Winford Alleyne, a supervisor in the Animal Care and Control area.

The subject dog owners, Jacob and Helena Kang, chose not to participate in the hearing.

The Tribunal determined by a unanimous decision, that a dangerous act was committed by Cassie the dog in question. Further, the Tribunal determined the Order, issued in accordance with the City of Toronto Municipal Code Chapter 349, Section 15, was so issued in accordance with the by-law. The Tribunal concluded the dangerous act, although the first on record, was severe, therefore necessitating the Dangerous Dog Order. The Tribunal considered whether Cassie was acting in self-defense but agreed with the assessment of the Animal Care and Control officer who deemed that it was not self-defence.

The Tribunal accepts the following evidence:

1.    Cassie was on a leash being held by her owner just outside of Trace Manes Park’s playground.

2.    McKenzie asked Ms. Kang if she could pet the dog in a loud enough voice that both the dog and Ms. Kang heard the request.

3.    Ms. Campbell repeated the request and Ms. Kang gave McKenzie permission.

4.    As McKenzie approached, Cassie lunged at her and bit McKenzie on the lip, which required hospital treatment.

5.    McKenzie’s injury required suturing and medication.

6.    Ms. Campbell stated that Cassie showed no signs of distress, snarling, or snapping prior to the bite.

7.    There was no indication that McKenzie posed a threat to Cassie, and that Cassie acted in self-defense.

8.    McKenzie now has a permanent scar around her lip area.

9.    The Kang's indicated that nothing like this has ever happened before.

Based on the evidence and for the reasons above, the Tribunal confirms by a unanimous decision, the determination of the Dangerous Dog Order.

Appeal of Dangerous Dog Order issued, October 14, 2022, Appeal DDRT2023-15.